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PBS Engineering & Engineering, Inc. - Hazardous Materials Consulting Services for Thunderbird Motel Demolition PSA (#22-020)
PROFESSIONAL SERVICES AGREEMENT Hazardous Materials Consulting Services for Thunderbird Motel Demolition Agreement No. 22-020 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and PBS Engineering & Environmental, Inc., hereinafter referred to as "Consultant," on the P-04 day of , 2022. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Thunderbird Motel Demolition project; and WHEREAS, the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Com ensation and Pavment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page I of 9 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified on Exhibit A, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $49,125.00 without the prior written authorization by the City 4. Re4)orts and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 2 of 9 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 3 of 9 records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 4 of 9 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 5 of 9 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $2,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: © $2,000,000 per claim; and © $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Professional Services Agreement — PB S Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 6 of 9 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 7 of 9 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: For the City: N. Zach Ratkai, or designee Administrative & Community Services Director 525 North 3rd PO Box 293 Pasco WA 99301 RatkaiZ a. asco-wa. gov (e-mail address) For the Consultant: Jason Mattox, P.E., or designee Senior Civil Engineer 400 Bradley Blvd., Suite 106 Richland, WA 99352 j ason.mattox@nbsusa.com (e-mail address) Professional Services Agreement — PB S Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 8 of 9 15. Dis ute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver -by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF P CO, WASHIN ' N 7e__112 N. tach Ratkai —, mimstrative & Community Services Director ATTEST: .DL - �L, A2Ar__1__ Debra C. Barham, City Clerk CONSULTANT Digitally signed by Jason Mattox Date: 2022.05.02 10:52:26-07'00' Jason Mattox — Senior Civil Engineer APPROVED AS TO FORM: "erffr PLLC, City Attorney Professional Services Agreement — PBS Engineering & Environmental, Inc. Agreement No. 22-020 Hazardous Materials Consulting Services for Thunderbird Motel Demolition Page 9 of 9 EXHIBIT A April 26, 2022 Dustin C. Wittman, CPSM Project Support Specialist City of Pasco 525 N. 3rd Avenue Pasco, Washington 99301 Via email: wittmand@pasco-wa.gov RE: Proposal for Limited Hazardous Materials Consulting Services and Phase I Environmental Site Assessment Thunderbird Motel 414 W. Columbia St., Pasco, WA 99301 PBS Proposal No. WA31955 Dear Mr. Wittman: a PBS PBS Engineering and Environmental Inc. (PBS) is pleased to submit this proposal to the City of Pasco to provide Limited Hazardous Materials Consulting Services and Phase I Environmental Site Assessment (ESA) services for the property located at 414 W Columbia Street in Pasco, Washington. This proposal outlines our project approach, scope of work, schedule, and budget for PBS services based on our understanding of the project, information provided to us to date, and experience with similar projects. HAZARDOUS MATERIALS CONSULTING SERVICES SCOPE OF WORK This proposal outlines our proposed services and fees related to asbestos -containing materials (ACMs), lead - containing paint (LCP), polychlorinated biphenyls (PCBs), and mercury -containing light tubes/lamps. PROJECT UNDERSTANDING AND APPROACH Our project approach and associated fees are based on preliminary discussions concerning the scope of work and information provided by your office. Included in the scope of this proposal is the completion of a "good faith" inspection of all accessible portions of the structure. PBS has not been provided asbestos or lead sampling data from the facility at the time of this proposal. We understand that the property has been or will be vacated by the time field work is performed, This proposal is limited to the hazardous materials services, which will help inform subsequent tasks required to facilitate demolition of the structure(s) and stabilization of the property. Once the extent of hazardous materials has been determined and the responsibilities for demolition -related tasks have been assigned, PBS will provide a supplemental proposal for services required to procure and execute demolition and site stabilization. Following is an outline of our proposed services and associated fees: TASK 001 — HAZARDOUS MATERIALS INVESTIGATION PHASE The following tasks shall be completed during the investigation phase and the information gathered will be used in to inform the pending design development process: 400 BRADLEY BOULEVARD, SUITE 106, RICHLAND, WA 99352 • 509.942.1600 MAIN • 866.727.0140 FAX • PBSUSA.COM Hazardous Materials Consulting Thunderbird Motel, Pasco WA April 26, 2022 Page 2 of 6 1. PBS will review any available asbestos/lead survey data and respond to the project site to confirm locations and quantities of ACMs identified. PBS will also review conditions in the field to determine if supplemental testing is warranted. Applicable data will be incorporated into our investigation and be used to develop sampling strategies. 2. As appropriate, PBS will collect and analyze bulk samples of suspect ACMs according to AHERA protocols. Analysis will be performed using Polarized Light Microscopy (PLM). Included in the scope of these services is the collection and analysis of up to ninety-five (95) asbestos samples. Credit will be provided for samples not analyzed. 3. PBS will collect and analyze bulk samples of painted coatings for the presence of lead. Analysis will be performed using Flame Atomic Absorption (FAA). Included in the scope of these services is the collection and analysis of up to twenty-five (25) lead samples. Credit will be provided for samples not analyzed. 4. PBS will inspect representative light fixtures for the presence of suspect PCB -containing ballasts. Any ballasts without labeling regarding PCB -content and any magnetic ballasts will be presumed to contain PCBs. PBS will also investigate any large capacitors (transformers) that may be impacted by planned renovations for the presence of PCBs. No sampling of dielectric oils in ballasts or large capacitors for PCB content will be performed. PBS will quantify and report the approximate quantity and general location(s) of suspect PCB -containing ballasts and large capacitors. 5. Based on the age of the structure and the lack of renovation work the potential exists for PCB -containing bulk sealants and caulking to exist. PBS will sample representative caulking and sealants for the presence of PCBs. Included is the collection and analysis of up to ten (10) samples of suspect bulk -PCB materials. 6. PBS will investigate the ownership and status of large electrical capacitors (e.g. transformers) present at the project site. PBS will summarize the number and approximate size, and ownership as feasible, of transformers present at the site. 7. Fluorescent light tubes, high-intensity discharge (HID) lamps, and other similar components are known to contain regulated concentrations of mercury. PBS will quantify and report the approximate number of fluorescent light tubes, HID lamps, compact fluorescent lamps, and mercury -containing thermostat switches in the renovation areas. 8. PBS will provide documentation of findings in an executive summary report format. This report will outline quantities and locations of ACMs, the general disposition of LCP, and the approximate number and general locations of suspect -PCB ballasts/large capacitors and mercury -containing lamps/switches. 9. PBS will prepare hazardous materials survey plans showing sample locations and the general type, location, and quantity of ACMs. Appropriate information regarding LCP, PCBs, and light tubes will be included. PBS presumes that no base floor plans are available of the structure(s) and will utilize field estimates to create approximate single -line floor plans for use in preparation of survey plans. 10. PBS will provide an initial Opinion of Cost for a rough order of magnitude (ROM) hazardous materials scope of work based on preliminary scoping information. TASK 002 - CONTRACT DOCUMENT DEVELOPMENT Contract requirements for work related to asbestos and lead will be developed. As appropriate, PBS will develop technical specifications governing asbestos abatement and lead -related activities. The following tasks will be performed in the design development process: 00000.000 Hazardous Materials Consulting Thunderbird Motel, Pasco WA April 26, 2022 Page 3 of 6 1. PBS will develop technical written specifications representing locations and quantities of ACMs to be abated, sampling information, particular means and methods, and appropriate references to other specification sections. 2. PBS will develop specifications addressing activities requiring compliance with lead -related regulations (WAC 296-155), sampling information and appropriate references to other specification sections. 3. PBS will develop specifications outlining requirements related to PCB -related regulations (WAC 173-303, 40 CFR 761), coordination requirements, and waste handling/reporting. 4. PBS will develop up to four (4) hazardous abatement sheets to depict locations of materials to be removed and associated coordination requirements. 5. PBS will update the Opinion of Cost as necessary dependent on the scope of hazardous materials work developed for the final contract documents. 6. A PBS representative will attend one (1) pre-bid conference, as requested. 7. PBS will respond to written questions from bidders related to hazardous materials and revise/amend the contract documents outlined above to the design team through written addenda to further clarify the scope of work. TASK 003 - ABATEMENT OBSERVATION, MONITORING AND CLOSEOUT SERVICES PBS will provide project management and abatement monitoring during the abatement phase. The project manager will ensure that technical issues are properly addressed, assist with on-site coordination, and enforce specification requirements. The project manager will also ensure that all documentation necessary for regulatory compliance is transmitted, maintained, and compiled. PBS project manager will review and respond to abatement contractor submittals. PBS' project manager will attend construction meetings as requested. An experienced industrial hygienist will perform the following tasks: 1. Full-time on-site project monitoring including communication with project team members, City representatives, and other concerned parties; 2. Review and respond to RFIs from contractors as necessary; 3. Full-time air monitoring and sample analysis; 4. Observation of all abatement activities including daily inspection of each work area; 5. Completion of field observation reports; 6. Advise the City if the contractor is not in compliance with specifications and governing regulations; 7. Issue a "stop abatement work" order if, in DES/State's opinion, the abatement contractor's activities pose an immediate threat to the health of employees or the public, or may be exposing the City to unwarranted liability; 8. Immediately notify the City if a stop work order is issued; 9. Perform post abatement visual inspections; 10. Compile all necessary project documentation including contractor submittals, air data and field reports, and incorporate into a closeout report. 00000.000 Hazardous Materials Consulting Thunderbird Motel, Pasco WA April 26, 2022 Page 4 of 6 PBS will collect air samples inside and outside the contained/regulated work areas before and during abatement activities. Air monitoring will be conducted by PBS in accordance with the Construction Documents and applicable federal, state and local regulations for asbestos removal. Air samples will be collected and analyzed onsite using Phase Contrast Microscopy (PCM), in accordance with the NIOSH 7400 Method of analysis, or equivalent. All field inspectors are highly qualified PCM analysts and have completed NIOSH 582 or equivalency training for PCM analysis. All PCM samples will be analyzed on site so that results are immediately available to help prevent project delays. PBS will collect on behalf of the City up to two (2) waste stream characterization samples related to lead to confirm handling, transport, and disposal requirements. Handwritten reports will be made available immediately following each work shift. Air sampling results will be posted at the job site and will be reported to DES representative upon request. All air sample results will be included in the closeout report at the project completion. At the completion of the project PBS will provide a closeout report relating to asbestos -containing materials removal, including daily field logs, air data reports, bulk sample reports, visual inspection reports, and other information necessary to document the hazardous materials abatement work. EXCLUSIONS AND ASSUMPTIONS The following services are not included in our proposed scope of services, but can be provided by PBS upon request: 1. Only accessible spaces are included in the scope of this proposal. Inaccessible spaces are defined as those requiring selective demolition, fall protection or confined -space entry protocols to gain access. PBS will itemize conditions that either require such measures to gain access or warrant further investigation. 2. Destructive testing of floors, walls, ceilings, finishes, and other components to gain access to suspect materials. Such testing will be performed only with specific written approval from the City. Limited destructive testing using typical hand tools is included and will be performed as approved by the City. 3. PBS will invoice only for those samples collected and analyzed. 4. Services related to UST decommissioning and Investigation of soil or groundwater contamination are not included in the scope of this proposal. Upon request PBS can consult with the City regarding further investigation should initial findings indicate the potential presence of sub -surface contamination at the project site. 5. Design period services are limited to production of hazardous materials -related drawings and specifications and cost estimating. Services related to demolition, including associated permitting, SEPA review/determination, site topographical and utility survey, and site restoration are not included in the scope of this proposal but can be provided for an additional fee upon request. 6. Estimated costs related to the abatement period are provided for initial budgeting and may require adjustment dependent upon the extent of hazardous materials work and the eventual General Contractor's scheduling. SCHEDULE PBS is available to begin the hazardous materials services outlined herein with your authorization. PBS will provide services outlined under Task 001 (investigation) within approximately four weeks from Notice to Proceed (NTP). 00000.000 Hazardous Materials Consulting Thunderbird Motel, Pasco WA April 26, 2022 Page 5 of 6 TASK 004 PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) SERVICES SCOPE OF WORK A more detailed scope of work is attached to this proposal and contains important assumptions related to the completion of this work. Please review this section carefully. PROJECT UNDERSTANDING AND APPROACH PBS understands that the subject property is currently occupied by the former Thunderbird Motel and the current owner is the Woo's Corporation. The property is listed as Franklin County parcel No. 112041282 and consists of 0.64 acres of land. PBS' scope of work follows ASTM International's E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, approved by the Environmental Protection Agency (EPA) in November 2013, for conducting all appropriate inquiries (AAI) to protect innocent landowners, bona fide prospective purchasers, and contiguous property owners from CERCLA liability. PBS investigators meet the environmental professional (EP) criteria and bring many years of diverse experience to this project. The following scope of work and compensation are based on PBS' understanding of current structures, site conditions, and usage. DELIVERABLE An electronic copy of the final report will be provided. ASSUMPTIONS PBS' compensation estimate includes the following assumptions: • Review of an existing title report if supplied by the Client. • PBS provides recommendations in the Phase I ESA report, unless otherwise instructed. • Following issuance of the final report, if information is subsequently provided to PBS that warrants report revisions or amendments, the additional work will be charged on a time and materials basis. • Other services provided on a time and materials fee scale include draft reports, additional report hard copies, Client -requested in-person meetings, and conference calls to discuss findings. These services will be communicated to the Client before extra charges are incurred. • A standard PBS reliance letter to third parties will be provided at no additional cost within 60 days of report completion. Letters provided after 60 days may be requested for an additional fee. Client- or lender -specific reliance letters will be reviewed by PBS and may be associated with a higher fee. LIMITATIONS OF SCOPE This study will be limited to the tests and/or locations indicated in the previously described scope of work. The site as a whole may have other concerns that will not be characterized by this study. Further study may be recommended. The findings and conclusions of this work are not scientific certainties, but probabilities based on professional judgment concerning the significance of the data gathered during the course of this investigation. PBS is not able to represent conditions on the site beyond those detected or observed by PBS. 00000.000 Hazardous Materials Consulting Thunderbird Motel, Pasco WA April 26, 2022 Page 6 of 6 SCHEDULE PBS is available to begin ESA services immediately upon receipt of a signed copy of this Agreement. The scope of work will be completed within approximately two weeks of receiving the signed Agreement. Please review Agency File Check in the Scope of Work attachment regarding potential impacts to this schedule. COMPENSATION The following outlines the estimated costs associated with the scope services TASK 001 — HAZARDOUS MATERIALS INVESTIGATION PHASE: Sr. Project Manager (8 hrs @ $145/hr) $1,160 Project Manager (24 hrs @ $115/hr) $2,760 AHERA Inspector (40 hrs @ $100/hr) $4,000 Administrative Support (10 hr @ $70/hr) $700 PLM Asbestos Sample Analysis* (95 @ $25/ea) $2,375 AA Lead Paint Chip Sample Analysis* (25 @ $25/ea) $625 Bulk PCB Samples* (10 @ $107) $1,070 Reimbursables (photocopying, shipping, etc.) $275 TASK 001 — SUB -TOTAL $12,965 TASK 002 — DESIGN PERIOD SERVICES Sr. Project Manager (8 hrs @ $145/hr) $1,160 Project Manager (24 hrs @ $115/hr) $2,760 CAD Drafting (12 hrs @ $80/hr) $960 Administrative Support (6 hrs @ $70/hr) $420 Reimbursables (reproduction, mileage etc.) $175 TASK 002 — SUB -TOTAL $5,475 TASK 003 — CONSTRUCTION PERIOD SERVICES — ESTIMATED 20 SHIFTS OF ABATEMENT (NTE) Sr. Project Manager (8 hrs @ $145/hr) $1,160 Project Manager (24 hrs @ $125/hr) $3,000 IH/Inspector (200 hrs @ $100/hr) $20,000 Administrative Support (16 hr @ $70/hr) $1,120 PLM Asbestos Samples* (5 @ NTE $35/ea - rush) $175 TCLP Waste Stream Samples* — Pb (2 @ $190/ea — 24 hr Rush) $380 Reimbursables (photocopying, shipping, etc.) $450 TASK 003 — SUB -TOTAL $26,285 HAZARDOUS MATERIALS TOTAL $44,725 *Note: PBS will only invoice for those sample both collected and analyzed. TASK 004 PHASE I ENVIRONMENTAL SITE ASSESSMENT Phase I Environmental Site Assessment $4,400 Total Estimated Costs $4,400 00000.000 a PBS Property Address: 414 W Columbia St, Pasco, WA 99301 PROJECT CHECKLIST Please provide the following information regarding site access, report submittal, and other documents relevant to the completion of a Phase I ESA. Why is this Phase I ESA being performed? (e.g., to obtain refinancing, for purchase/sale) Who should we contact for site access? (Please provide name, telephone number, and email address.) To whom should we address the report, if different than the client? (Please provide name and address.) The following documents are useful to PBS when completing this assessment. Please provide if available: -- • Preliminary title report/ chain of title • Previous environmental assessment reports • Tax map, legal description, aerial photograph • Special requirements for the assessment (e.g., non -ASTM tasks required by lender, lender -specific reliance letters) ADDITIONAL SERVICES (Optional) Phase I ESAs assess CERCLA liability. Building- and land -related environmental conditions may contribute to non- CERCLA "business environmental risks," and can include asbestos, lead-based paint, mold, radon, wetlands, and other issues. The following additional services, which are non -Phase I ESA tasks not included in this proposal, can also be provided by PBS but will be associated with a separate scope of work, additional fees, and extended completion schedules. Please check the boxes of additional services desired and PBS will contact you to discuss them. ❑ Asbestos -containing materials testing ❑ NEPA/SEPA survey ❑ Lead -in -paint testing ❑ Regulatory compliance audit ❑ Radon testing ❑ On-site drywell registration (UICs) ❑ Mold testing ❑ Vapor migration assessment per ASTM E2600-10 ❑ Drinking water testing ❑ Underground storage tank assessment ❑ PCB testing ❑ Cultural and historic resources survey. ❑ Wetland determination/delineation ❑ Geotechnical evaluation ❑ Water rights evaluation ❑ ALTA Survey ❑ Construction Management ❑ Civil Engineering ❑ Other (please contact PBS to discuss) Page 1 of 1 om 4 . Mo PBS CLIENT/USER QUESTIONNAIRE This form is the User Questionnaire, as defined and required by ASTM E1527-13. The User is the party seeking to rely on the Phase I Environmental Site Assessment; this is typically not the current property owner. The User's responses to these questions are an important element to meeting all appropriate inquiry rule. It is acceptable to write "Do not know." PROPERTY ADDRESS: 414 W Columbia St, Pasco, WA 99301 FORM COMPLETED BY: RELATIONSHIP TO PROPERTY: QUESTIONNAIRE Please complete this information to the best of your knowledge. 1. Are you aware of any environmental cleanup liens against the property that are filed under federal, tribal, state, or local law? ❑ Yes ❑ No (If yes, summarize below.) 2. Are you aware of any activity and land use limitations (AULs), such as engineering controls, land use restrictions, or institutional controls in place at the site and/or filed or recorded in a registry under federal, tribal, state, or local law? ❑ Yes ❑ No (If yes, summarize below.) 3. As the User of this environmental site assessment, do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property, or an adjoining property, so you would have specialized knowledge of the chemicals and processes used by that type of business? 4. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? ❑ Yes ❑ No If you conclude that there is a difference from fair market value, is the lower price because contamination is known or believed to be present at the property? Page 1 of 2 Client/User Questionnaire 5. Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional (EP) identify conditions indicative of releases or threatened releases? For example.- Do xample:Do you know the past uses of the property? Do you know of specific chemicals that are present or once present at the property? Do you know of any spills or other chemical releases that have taken place at the property? Do you know of any environmental cleanups that have taken place at the property? Any other environmentally significant information? 6. Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? Signature: Date: Please Print Name: Title: Company (if applicable): ON PBS Page 2 of 2 fflo PBS PHASE 1 ESA SCOPE OF WORK AND LIMITATIONS PBS Phase I ESA Scope of Work The scope of work for this project includes a review of applicable environmental databases, a review of readily available records to document past and current uses of the subject property and adjoining properties, interviews with persons with knowledge of the site, a site reconnaissance, and a final report summarizing PBS' findings and conclusions. PBS has prepared this report using information that is reasonably ascertainable, that is, information that is practically reviewable, publicly available, and obtainable from its source within reasonable time and cost constraints. PBS will provide the following specific scope of services: 1. Initial Meeting: Discuss the project, in person or on the phone, with the property owner or other key personnel to obtain any information that may be relevant to the site or adjoining land. Interviews with past owners, occupants, and operators of the site will also be conducted. An environmental questionnaire will be submitted to the current owner as well as other persons identified as having specific knowledge of the site. In order to qualify as AAI and meet ASTM El 527-13 requirements, it is understood that the client will complete the Client/User Questionnaire. 2. Agency File Check: Using a commercial database search provider, search federal, state, tribal, and local listings or records per ASTM El 527-13 and AAI requirements, including activity and use limitations databases, to identify known hazardous substance violations, contaminant discharges, and other environmental problems for varying distances based upon their relative potential impact to the subject property. PBS relies on readily available electronic database information whenever possible. A physical file review may be undertaken, if needed, to resolve specific questions regarding the subject property or adjoining properties. In the event that file review requires more than one hour to complete, and/or travel is more than 30 miles from PBS' nearest branch office, additional expenses will be charged. In the event in-person file review is deemed critical to assessment of the subject property, PBS will schedule an appointment with the agency as soon as feasible. If the appointment date requires an extension of the noted time frame for project completion, PBS will immediately discuss this with the client. 3. Geologic Research: As appropriate, review available soils, geology, engineering, groundwater or other reports regarding the property and the immediate vicinity. 4. Historical Review: Review aerial photographs of the site and adjacent properties to assess previous site conditions and operations (if available). Other historical information that may be reviewed at the discretion of the EP includes Sanborn fire maps, city directories, building permits, or property chain of title information or preliminary title report (if provided by the client) to determine history of usage. Whenever feasible, the history of the property will be traced to 1940 or to a time prior to its earliest developed use, whichever is earlier. Physical Inspection: PBS assumes that the site is accessible and safe to enter and perform the assessment. An EP or qualified staff working under the guidance of an EP, will conduct one site visit, during which the property and any structures will be visually and/or physically observed for potentially hazardous substances existing in the past or present. A field checklist will be completed, and pertinent observations related to potential environmental conditions on the subject property and the adjoining properties will be recorded. Interviews with the owner, previous owner, on-site personnel, tenants, and other persons familiar with the history of the area may be conducted. ON PBS Page 1 of 2 Phase 1 ESA Scope of Services and Limitations 6. Report: A report will be prepared containing observations and conclusions relating to the apparent environmental conditions of the site. The report will include a description of the site and conditions encountered, topographic area map and local site and vicinity plan, and documentation of resources including interviews, regulatory and historic records reviewed, data gaps, opinion, and conclusions. As required by ASTM E1527-13, the content will include all documents used by PBS to form an opinion. If appropriate, recommendations will be made in the text of the report, unless PBS is directed otherwise by the client (see Project Checklist for option). PBS Phase I ESA Limitations The purpose of this phase of the work is to determine if more in-depth studies are warranted. Observations will be made based on the best available information by trained environmental assessment professionals. It is not intended to be a comprehensive determination of all potential liabilities associated with a particular property, nor is it represented as a legal opinion as to the client's performance of "due diligence" concerning the purchase of real estate. Unless otherwise specified, the scope of work does not include a review/opinion of legal instruments such as indemnification agreements, purchase and sale agreements, liens, etc. Its cursory nature is to be noted by all parties. Unless noted elsewhere in this proposal, the scope of work for the project does not address a number of potentially significant environmental issues including, but not limited to, hazardous materials audit, environmental compliance, vapor encroachment assessment per ASTM standard E2600, formaldehyde, radon, asbestos - containing building materials, PCBs, lead-based paint, mold, wetlands and other land use issues, drinking water quality, geotechnical or geologic hazards, nor does it include subsurface exploration or chemical screening of soil and groundwater beneath the site. It is standard practice in the industry to use a commercial database search provider to meet the database search requirements of the ASTM Method. Although PBS reviews its work, the database provider report is subject to the limitations, constraints, inaccuracies, and incompleteness of government information and of computer mapping data and conventions, and any disclaimer of liability made in the database report. The database report is included in an appendix to the PBS report. The findings and conclusions of the study will not be scientific certainties but will be based on professional judgment concerning the significance of the data gathered during the course of the Phase I ESA. PBS will not be able to represent that the subject property or adjoining land contain no hazardous substances, petroleum, or other latent condition beyond that identified by PBS during the study. The possibility always exists for contaminants to migrate undetected through surface water, air, soil, soil gas, or groundwater. The ability to accurately address the environmental risk associated with transport in these media is beyond the scope of this study. 909 PBS Page 2 of 2